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During a search warrant are the police allowed to charge an individual that was not listed on the search warrant the same charges as the person that was listed?
Wiki User
∙ 16y ago
In Canada and most of the United States, the answer is "yes", as long as the Police did not exceed the scope of the warrant when they discovered the evidence of the new offense.
For example, if a search warrant is issued to search your house for a suspected marijuana growing operation, and in the course of that search the Police find several fake credit cards, those cards are admissible as evidence of credit card fraud.
Some jurisdictions either require or make a precautionary habit of calling a Judge to expand a warrant's scope during the search if they find something not covered in the original warrant, however that is the rare exception.
Also, both SCOTUS and the Supreme Court of Canada have both held that their respective versions of the "Plain Sight" rule apply to evidence discovered in the course of executing an unrelated warrant. For instance, if the Police have a warrant to search only one bedroom of a boarding house, but there is a crack pipe on the hall table, that crack pipe is perfectly admissible under Plain Sight, even though it is inside a private residence.
Wiki User
∙ 16y ago
Wiki User
∙ 16y agono, unless they have evidence to show that this particular person was involved.
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During a search warrant are females allowed to be left alone with male officers?
Yes, females are allowed to be left alone with male officers. There has to be two officers usually to perform a search warrant so there is some accountability.
Are the police allowed to break personal items during a search warrant?
No they are not. Not randomly at any rate. However if they have probable cause to believe that there is evidence that pertains to the crime, then they are allowed to access that room or item that they believe to hold that evidence as outlined in the search warrant.
Do police have to show you the search warrant prior to breaking down your door?
No they do not. If they have a signed search warrant they are allowed to enter without notice. They are only required to show you the warrant upon your request to see it. If they do not allow you to see the warrant, this could potentially invalidate the search and make any evidence found against you during the search inadmissible.Added: While the above may be true in the specific case of the service of search warraants, it is NOT so in the case of the service of an arrest warrant. Mere knowledge of the existence of an arrest warrant for an individual is sufficient to take that person into custody. The arrestee need not be shown the actual warrant at the time of arrest.
Will Tennessee send you back to Minnesota on a warrant?
No. If you have an active Minnesota warrant and are arrested in Tennessee, the arresting authorities will hold you for a period of time during which Minnesota decides whether to extradite, or bring you back. That determination is based on the cost to get you and the severity of the charges.
Are individual states allowed to declare war on foreign countries or hold active warships and troops during time of peace?
no
What if the search warrant has a persons name on it who doesnt even live at residence the warrant was served?
A warrant to search a residence does not need to state the name, or names, of any resident. Although the warrant may state the name of an individual believed to be located upon that property. It only needs to be issued to the address or description of the property upon which it is to be served. However, incorrect information contained within a warrant is potential cause to exclude evidence obtained during the search based upon that warrant. The defense would have to show that the incorrect information was included by law enforcement in bad faith.
Can you be arrested on a search warrant even if they dont find anything?
A search warrant is NOT necessarily an arrest warrant. If some other violation comes to light during the search that supports your arrest, yes, you could be arrested, even if nothing was found during the search.
If something found dureing search warrant?
Any objects found during the course of a search warrant are recorded, seized and taken as evidence. A receipt is issued and 'return of service' listing the items and facts is returned to the authorizing judge. An arrest may happen during the warrant service or at a later time.
What was the main constitutional issue raised by Japanese internment during ww2?
Most detainees were U.S. citizens held without charges or the prospect of a speedy hearing.
How do you file perjury charges that occurred in depositions?
what do I do when someone lies during deposition how do I file perjury charges
What were the Jews not allowed to do during the war?
they were not allowed to leave the ghetto.
Are negative charges the charges that jump during static electricity?
Yes, Electrons (negative charge) are the particles that move.
